The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-10-28

| this promise and acceptance. IL CLey
| found from the evidence that the parties
had mutually agreed to marry, they
would then have to determine whether
| there had been breach of that promise.
It was for them to determine what credl-
| bilitv WAS to be attached to the witnesses.
! There must be meeting OF the minds OF
| the parties-a request on the one size
| and assent on the other-for there TO
have been a promise in the legal sense.
| It was not necessary for the actual words
| in which it was conched, and the time
and place at which they were spoken, to
| be find; but the conclusions must be
drawn from the evidence itself. Then
they would have to consider the con-
tineent circumstances. If man said to
a woman, eff | marry anyone l will
marry YOU" that would not be sufficient
to constitute promise. They must be
! satisfied that there had been a positive
contract. There did not appear to be
any legal disability to the marriage.
Neither of the parties were minors. The
visits alone would not be sufficient to
warrant them in finding that an engage
ment existed between the parties. A
good deal had been said about the
character of the plaintiff and her
counsel had offered dispositions from
San Francisco, Los Angeles and else
where to show that she bore good
character. They had heard the ruling
of the Court regarding those dispositions
that inasmuch as the issue had not
been raised by the other side, they could
not be introduced. The presumption
therefore was that there was nothing
against plaintiffs character. AS far as
they had heard the presumption was
that she was of good character. A great
deal had been brought in, during the
challenging of the jury, regarding the
political troubles that had arisen; a good
deal had been said afterwards about the
political life of the defendant. It was
His Honor's duty to charge the jury that
the political life of the plaintiff or defend
ant, not being in evidence, had nothing
to do with this case. Political and pri-
Vate life were too entirely different
things. An engagement to marry,
though in olden times it was sometimes
made a political matter, was in law
surely private matter. The jury were
sworn to give their verdict according to
law and evidence, and if they went be-
yond that they would be exceeding their
powers. Defendant was not on trial for
any political wrongs, neither was the
plaintiff on trial for anything she might
have done in her life. They must be
guided solely by the evidence. His
Honor then directed the jury on certain
points of law submitted to him by coun-
sci, in which he concurred, with one or
two exceptions by Mr.. Hatch, which
were noted. They might consider injury
that might have been sustained by
anguish of mind or injury to character
He had been asked to instruct the jury
what had been proved. That he could
not do. That was for them to determine.
What they had to consider was this: If
no promise and acceptance had taken
place, then there was no contract and
their duties would cease. If there were
a promise and acceptance they would
have to determine whether there was
breach of the promise. IF there was a
breach they would find for the plaintiff;
if not, for the defendant. If there was a
breach the question of damages would
arise, and that was entirely in their
hands.
The exceptions of defendants counsel
having been noted, the jury retired at
10 :35 p. m.
The Verdict.
Fifteen minutes later knock was
heard at the door of the juryroom, and
in moment the audience were on the
tiptoe of expectation. It turned out that
the jury merely required a pitcher of ice
water, which Captain Fehlbehr furnished
them.
At IL 80 o'clock the jury came into
Court, having arrived at a verdict
His Honor, amid breathless silence,
announced that the jury found unani-
nous verdict for plaintiff, awarding dam
ages in the sum of $4,000.
Mr.. Hatch, for the defendant, noted
exceptions to the verdict, and made
motion for new trial on the grounds
that the verdict was contrary to the law
and evidence.
The Clerk of the Court noted the APP
peal, and in few moments the Court
roop